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1994 DIGILAW 1295 (SC)

Jagannath Chanderbhan Lute v. Special Land Acquisition Officers

1994-11-22

K.RAMASWAMY, K.S.PARIPOORNAN

body1994
JUDGMENT Mr. Mukund Jaganath Lute, appellant No. 2 in C.A. No. 382/80, died on 11-1-1980. The application for substitution was filed on 6-3-1992. Twelve years and two months have passed by from the date of death till the date of making the application. By operation of Articles 120 and 121 of the Schedule to the Limitation Act, 1963 on expiry of 90 days from the date of death, the appeal stands abated unless the abatement is set aside and the application should be filed within 60 days after the expiry of 90 days from the date of death. The application was filed on 6-3-1993. On view of this inordinate delay, it will be difficult to condone the delay and set aside the abatement. In view of the fact that the order is inseparable, the entire appeal stands abated. 2. The appeal is accordingly dismissed. No costs. Appeal dismissed. For Citation: 1995 AIR SCW 197